(2013),
26 the EU-Georgia FTA (2014),
27 the EU-Korea FTA (2011),
28 the
EU-Moldova FTA (2014),
29 and the EU-Ukraine FTA (2014)
30 regulate the same
issue with little differences in their wording. These provisions establish a general
permission of trans-boundary data transfer. Moreover, a general minimum human
rights standard of protecting privacy also limits the duty to allow the transfers.
data processing where such processing is required in the ordinary course of business of the financial
service supplier (1). 2. Each Party shall adopt or maintain adequate safeguards to the protection of
privacy and fundamental rights, and freedom of individuals, in particular with regard to the transfer
of personal data.”
26 EU-COL, PER, ECU, Article 157: “Data processing. 1. Each Party shall permit a financial service
supplier of another Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 2. Each Party shall adopt adequate safeguards for the protection of
the right to privacy and the freedom from interference with the privacy, family, home or correspondence of individuals, in particular with regard to the transfer of personal data.”
27 EU-GEO FTA, Article 118: “1. Each Party shall permit a financial service supplier of the other
Party to transfer information in electronic or other form, into and out of its territory, for data
processing where such processing is required in the ordinary course of business of such financial
service supplier. 2. Each Party shall adopt adequate safeguards for the protection of privacy and
fundamental rights, and freedom of individuals, in particular with regard to the transfer of personal
data.”
28 EU-KOR FTA, Article: “Data processing No later than two years after the entry into force of this
Agreement, and in no case later than the effective date of similar commitments stemming from other
economic integration agreements: (a) each Party shall permit a financial service supplier of the other
Party established in its territory to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier; and (b) each Party, reaffirming its commitment to protect fundamental rights and freedom of individuals, shall adopt adequate safeguards to the protection of
privacy, in particular with regard to the transfer of personal data.”
29 EU-MOL FTA, Article 245: “Data processing. 1. Each Party shall permit a financial service
supplier of the other Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 2. Each Party shall adopt adequate safeguards for the protection of
privacy and fundamental rights and freedoms of individuals, in particular with regard to the transfer
of personal data.”
30 EU-UKR FTA, Article 128: “Data processing. 1. Each Party shall permit a financial service
supplier of the other Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 29.5.2014 Official Journal of the European Union L 161/63 EN
2. Each Party shall adopt adequate safeguards for the protection of privacy and fundamental rights
and the freedom of individuals, in particular with regard to the transfer of personal data.”
Data Protection in International Trade Law
495
26 the EU-Georgia FTA (2014),
27 the EU-Korea FTA (2011),
28 the
EU-Moldova FTA (2014),
29 and the EU-Ukraine FTA (2014)
30 regulate the same
issue with little differences in their wording. These provisions establish a general
permission of trans-boundary data transfer. Moreover, a general minimum human
rights standard of protecting privacy also limits the duty to allow the transfers.
data processing where such processing is required in the ordinary course of business of the financial
service supplier (1). 2. Each Party shall adopt or maintain adequate safeguards to the protection of
privacy and fundamental rights, and freedom of individuals, in particular with regard to the transfer
of personal data.”
26 EU-COL, PER, ECU, Article 157: “Data processing. 1. Each Party shall permit a financial service
supplier of another Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 2. Each Party shall adopt adequate safeguards for the protection of
the right to privacy and the freedom from interference with the privacy, family, home or correspondence of individuals, in particular with regard to the transfer of personal data.”
27 EU-GEO FTA, Article 118: “1. Each Party shall permit a financial service supplier of the other
Party to transfer information in electronic or other form, into and out of its territory, for data
processing where such processing is required in the ordinary course of business of such financial
service supplier. 2. Each Party shall adopt adequate safeguards for the protection of privacy and
fundamental rights, and freedom of individuals, in particular with regard to the transfer of personal
data.”
28 EU-KOR FTA, Article: “Data processing No later than two years after the entry into force of this
Agreement, and in no case later than the effective date of similar commitments stemming from other
economic integration agreements: (a) each Party shall permit a financial service supplier of the other
Party established in its territory to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier; and (b) each Party, reaffirming its commitment to protect fundamental rights and freedom of individuals, shall adopt adequate safeguards to the protection of
privacy, in particular with regard to the transfer of personal data.”
29 EU-MOL FTA, Article 245: “Data processing. 1. Each Party shall permit a financial service
supplier of the other Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 2. Each Party shall adopt adequate safeguards for the protection of
privacy and fundamental rights and freedoms of individuals, in particular with regard to the transfer
of personal data.”
30 EU-UKR FTA, Article 128: “Data processing. 1. Each Party shall permit a financial service
supplier of the other Party to transfer information in electronic or other form, into and out of its
territory, for data processing where such processing is required in the ordinary course of business of
such financial service supplier. 29.5.2014 Official Journal of the European Union L 161/63 EN
2. Each Party shall adopt adequate safeguards for the protection of privacy and fundamental rights
and the freedom of individuals, in particular with regard to the transfer of personal data.”
Data Protection in International Trade Law
495